| United States. Circuit Court (8th Circuit), George Washington McCrary - 1884 - 752 pages
...any order affecting a substantial right, made in a special proceeding or in a summary adjudication in an action after judgment, is a final order, which may be vacated, modified or reversed by the supreme court. And section 582 of the same statutes provides that " a judgment rendered or final... | |
| 1896 - 1166 pages
...Rev. St., which authorizes a review of "an order affecting a substantial right In an action, where such order In effect determines the action and prevents...summary application In an action after judgment"? To bring It within this category, the order muet, at least, affect a substantial right. Is it such... | |
| New York (State), Charles David Rust - 1885 - 814 pages
...necessarily implied in the decision. 3. Where a final order, affecting a substantial right, has been made in a special proceeding, or upon a summary application in an action, after judgment; and, upon such an appeal, to review any intermediate order, involving the merits, and necessarily affecting... | |
| 1886 - 1052 pages
...final order as can be reviewed by proceedings in error. Section 581 of the Civil Code provides that "an order affecting a substantial right in an action,...modified, or reversed, as provided in this title." Applying this provision of this section to the case at bar, it is clear that no authority is found... | |
| 1886 - 1076 pages
...alone it might be somewhat difficult to answer this question. Section 581 of the Codo provides that '.'an order affecting a substantial right in an action,...and prevents a judgment, and an order affecting a sul>stantial right made in a .special proceeding, or upon a summary application in an action after... | |
| 1886 - 982 pages
...supreme court from the following orders made by the trial court or the judge thereof: 1. An order made affecting a substantial right in an action when such...effect determines the action and prevents a judgment from which an appeal might be taken; 2. A final order made in special proceedings affecting a substantial... | |
| 1886 - 988 pages
...court from the following orders made by the trial court, or the judge thereof: First. An order made affecting a substantial right in an action, when such...effect determines the action, and prevents a judgment from which an appeal might be taken. Xvi-Diiil. A final order made in special proceedings, affecting... | |
| Ohio, William Henry Whittaker - 1887 - 688 pages
...MANDAMUS, AND Quo WARRANTO. CHAPTER I. JURISDICTION AND PROCEDURE IN ERROR. \ 6707. What is a final order. An order affecting a substantial right in an action,...modified, or reversed, as provided in this title. [51 v. 57, § 512.] Allowance to widow, order overruling final, 46 OS 89. Final order. Alimony. An... | |
| 1887 - 1076 pages
...suprême court for errors appearing on the record." By section 581, a final order is defined to be "an order affecting a substantial right in an action,...summary application in an action after judgment." It is apparent that, under this definition, the order of the district court sustaining the motion to... | |
| 1887 - 974 pages
...a demurrer. Third. An order that involves the merits of an action, or some part thereof. "Sec. 543. An order affecting a substantial right in an action,...substantial right, made in a special proceeding, or upon »summary application in an action after judgment, is a final order which may be vacated, modified,... | |
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